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Agenda 07/27/2010 Item #16A 5Agenda Item No. 16A5 July 27, 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Kenneth Price and Penny Ann Price, Code Enforcement Special Magistrate Case No. CEAU20090011940, relating to property located at 6111 Cedar Tree Lane, Collier County, Florida. (Revenue received $117.78) OBJECTIVE: That the Board of County Commissioners (Board) approve a Release and Satisfaction of Lien for payment of $117.48, and waive the $8,000 balance on the lien, in relation to the Code Enforcement Special Magistrate action entitled Board of County Commissioners vs. Kenneth Price and Penny Ann Price, Case No. CEAU20090011940. CONSIDERATIONS: On November 5, 2009, the Code Enforcement Special Magistrate found Kenneth Price and Penny Ann Price (Respondents) in violation of the Collier County Code of Laws and Ordinances in the following particulars: no fence or pool enclosure around the pool. A written order was recorded on November 19, 2009, at O.R. Book 4511, Page 1444. Respondent was ordered to correct the violations by obtaining all required Collier County building permits for a fence or pool enclosure, inspections, and a Certificate of Completion on or before December 5, 2009, or a fine of $100 per day would be imposed until compliance had been met. Due to non - compliance and based on the above order, the Code Enforcement Special Magistrate entered an order dated February 5, 2010, imposing a lien ( "Lien "). The Lien was recorded on February 24, 2010, at O.R. Book 4540, Page 1265, of the Official Public Records of Collier County. The property was brought into compliance on February 23, 2010 by the respondents who obtained all required Collier County Building permits with all inspections, and certificate of completion. This is an existing property owner, the property is in compliance and the fines are no longer accruing. The property owner diligently pursued abatement as finances allowed. Kenneth Price and Penny Ann Price have submitted payment in the amount of $117.78, representing the operational costs. In exchange for this payment, they are requesting a waiver of $8,000 in fines and a release of the lien. FISCAL IMPACT: If approved by the Board, accrued fines in the amount of $8,000 will be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Agenda Item No. 16A5 July 27, 2010 Page 2 of 5 LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board waive the fines and release the Lien recorded at O.R. Book 4540, Page 1265, of the Official Public Records of Collier County, in relation to the Code Enforcement Special Magistrate action entitled Board of County Commissioners vs. Kenneth Price and Penny Ann Price, Case No. CEAU20090011940, for payment of costs, and by approval of this item, authorize the Chairman to sign the attached Release and Satisfaction of Lien. PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth Management Division, Planning and Regulation. ATTACHMENTS: 1) Release and Satisfaction of Lien 2) Request for release of lien Agenda Item No. 16A5 July 27, 2010 Page 3 of 5 Approved By COLLIER COUNTY _. BOARD OF COUNTY COMMISSIONERS Item Number: 16A5 Item Summary: Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement 7/912010 2:53 PM Action entitled Board of County Commissioners vs. Kenneth Price and Penny Ann Price. Code Enforcement Special Magistrate Case No CEAU2009011940, relating to property located at Nick Casalanguida 6111 Cedar Tree Lane, Collier County.. Florida. Meeting Date: 7127/2010 9.00:00 AM Prepared By 7;13/2010 8:18 AM Marlene Serrano Manager - Code Enforcement Operations Date Community Development & Diane S. Flagg Environmental Services Code Enforcement 7/9/2010 9:46:54 AM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 7/9/2010 9:54 AM Approved By NormE- Feder,AICP Jeff Wright Assistant County Attorney Date County Attorney County Attorney 71912010 1:46 PM Approved By Jeff Klatzkow County Attorney Date 7/912010 2:53 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 7;13/2010 8:18 AM Approved By Diane S. Flagg Director - Code Enforcement Date Community Development & Environmental Services Code Enforcement '113.'2010 10:43 AM Approved By NormE- Feder,AICP Acministrator- Transportation Date Transportation Division Transportation Administration 7 /1312010 1:18 PM Approved By OMB Coordinator Date County Manager `s Office Office of Management & Budget 7113/2010 245 PM �. Approved By Michael Sheffield Assistant to the County Manager Date County Managers Office 7/14/2010 8:59 AM Agenda Item No. 1oA5 July 27, 2010 Page 4 of 5 April 27, 2010 Jennifer Waldron Collier County Code Enforcement 2800 North Horseshoe Drive Naples, Florida 34104 Re: Case — CEAU20090011940 Ms. Waldron: As per your suggestion during our phone conversation regarding the aforementioned case, I am writing this letter to formally request for a hearing with the Board of County Commissioners for the purpose of abating fines that have accumulated. As stated in our conversation, the fence in question was installed in completion prior to the deadline that was initially given by Code Enforcement. It was arranged and set up for final inspection. For some reason the final inspection was not performed in a timely manner. As of the writing of this letter, final inspection of the fence in question has occurred and all necessary requirements have been met. We would request the opportunity to appear before the Board of County Commissioners to abate the fines regarding this matter and close the file. Thank you for your consideration. Most sincerely, Ken Price Agenda Item No. 16A5 July 27, 2010 Page 5 of 5 This Instrument Prepared By: Jeff E. Wright , Assistant County Attorney Collier County Attorney's Office 3001 E. Tamiami Trail Naples, FL 34112 (239) 252 -8400 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Kenneth and Penny Ann Price, Respondents The lien was recorded on February 24, 2010 in Official Records Book 4540, Pages 1265 -66, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of six thousand two hundred dollars, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 6111 Cedar Tree Lane, Naples, FL Folio No. 38223400006 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of 2010. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Ll7 M Deputy Clerk Fred W. Coyle, Chairman Approved as to form and legal sufficiency Jeff,E. Wright Assistant County Attorney